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Safe Harbor

Important Information:

On October 10, 2007, the U.S. District Court for the Northern District of California issued a preliminary injunction in AFL-CIO, et al. v. Chertoff, et al. (N.D. Cal. Case No. 07-CV-4472 CRB). The preliminary injunction enjoins and restrains the Department of Homeland Security and the Social Security Administration from implementing the Final Rule entitled "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter."

Employers Who Receive a SSA No-Match Letter

Every year, the Social Security Administration (SSA) informs thousands of employers via a "no-match" letter that certain employees’ names and corresponding Social Security numbers provided on Forms W-2 do not match SSA’s records.

Through regulation, the Department of Homeland Security (DHS) is reiterating that employers remain accountable for the workers they hire and clarifying the steps employers should take to resolve mismatches identified in letters issued by SSA.

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